Legal Question in Family Law in Florida

Surname of baby born of unwed parents

Dear Friends,

My son and his girlfriend are expecting a baby and she wants it to have her surname, which is that of her ex-husband. My son, the father of the baby, does not accept this and wants his son to have his name. He will be at the birth and recognize the baby as his. What are his legal rights in this regard?

Thanks very much.


Asked on 11/01/04, 4:50 pm

3 Answers from Attorneys
Moses Williams Moses E. Williams, Attorney at Law

Re: Surname of baby born of unwed parents

Your son needs to bring a paternity and name change case in court to have the child's name changed to the correct name. You can reach me at the addresses on this e-mail.

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Answered on 11/02/04, 10:26 am
David Slater David P. Slater, Esq.

Re: Surname of baby born of unwed parents

Until paternity is legally established, he has no rights.

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Answered on 11/02/04, 5:27 pm
Alan Albin Alan S. Albin, Attorney at Law

Re: Surname of baby born of unwed parents

First, he should ask for a paternity test to make sure he is the father of the child. Then, he should marry his girlfriend, so the child will have a stable and healthy home environment. He should also provide financial support for his child. At some point in this process, perhaps the mom will be more receptive to using his last name for the child.

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Answered on 11/03/04, 10:04 pm


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